California Probate Code

§ 5305

PROB § 5305 Effective Jan 1, 1994Div. 5 · Part 2 · Ch. 3

Statute text

(a)Notwithstanding Sections 5301 to 5303, inclusive, if parties to an account are married to each other, whether or not they are so described in the deposit agreement, their net contribution to the account is presumed to be and remain their community property.

(b)Notwithstanding Sections 2581 and 2640 of the Family Code, the presumption established by this section is a presumption affecting the burden of proof and may be rebutted by proof of either of the following:

(1)The sums on deposit that are claimed to be separate property can be traced from separate property unless it is proved that the married persons made a written agreement that expressed their clear intent that the sums be their community property.

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Legislative history

Amended by Stats. 1993, Ch. 219, Sec. 224.7. Effective January 1, 1994.